Online Ad for Vacant Space Insufficient to Mitigate Damages

June 30, 2011
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Facts: After a retail tenant didn't pay its rent, the owner of the space sued it for defaulting on its lease. The tenant didn't dispute the owner's claim that it had breached the lease. Instead, it argued that the owner was obligated to mitigate its damages—that is, take advantage of any reasonable opportunity to reduce or minimize the damage, before it could collect any money from the tenant.

Decision: A Connecticut housing court ruled in favor of the tenant.

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